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The judgment below
On August 17, 2011 and August 20, 2011, the part on fraud shall be reversed.
Of the facts charged in the instant case.
Reasons
1. According to the records, the court below sentenced ① to one year of imprisonment with prison labor for fraud on August 17, 201 and August 20, 2011 among the facts charged in this case 1 through (5) and (6) and acquitted the remainder except for fraud on August 17, 2011 and August 20, 2011 among the facts charged in this case 6, and acquitted the defendant on the ground of mistake of facts and unfair sentencing as to the facts charged in paragraphs 1 through 5 of this case. ② The defendant appealed on the ground of mistake of facts and unfair sentencing as to the facts charged in this case 1 through 5. The judgment of the court below prior to remand reversed all of the convictions against the defendant and acquitted all of the facts charged in this case which the court below found guilty on August 17, 201 and August 20, 2011, and reversed the part of the judgment of the court below as to the acquittal or omission on the facts charged in this case on August 20, 2017.
As such, the scope of the judgment of the court below is limited to the part concerning the fraud on August 17, 201 and August 20, 2011 among the judgment below.
2. The sentence of one-year imprisonment sentenced by the court below to the defendant is too unreasonable.
3. Prior to the judgment on the Defendant’s assertion of ex officio determination, the following is determined ex officio.
On August 201, the summary of the facts charged stated in this part of the facts charged that the Defendant: (a) arranged the victim E to purchase a house in the Busan-gu Busan-gu Busan-gu L (JJ); and (b) told the victim E to deliver the intermediate payment out of the purchase price of the above house to K.
However, even if the defendant receives money from the victim, the defendant will act on behalf of the victim.